In force, Mar.[March] 2, 1839.
AN ACT to establish the Mississippi Ferry Company At Savannah, and for other purposes.
1Body politic.
Name & style.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Luther H. Bowen, Benjamin Church, Aaron Pierce, and their associates, heirs, and assigns, be, and they are hereby, constituted a body corporate and politic, by the name and style of “The Mississippi Ferry Company ,” at Savannah, in the county of Carroll, and State of Illinois, with power to establish and maintain the ferry herein granted for and during the
term of ten years from and after the passage of this act.
Ferry, how furnished.
Sec. 2. The boat or boats necessary for the conducting of said ferry may be so constructed as to be propelled by steam, horse, or other power, or means,
as the proprietors may deem expedient.
Powers.
Sec. 3. The said corporation hereby created shall have succession for the time aforesaid; for and during that
time, shall have power, in the name of the corporation, of suing and being sued, pleading and being impleaded, answering and being answered
unto, in all courts of competent jurisdiction; may have and use a common seal, and
may alter and change the same at pleasure; and, in their corporate name, shall be
capable, in law, to purchase and hold, and convey any estate, real, personal, or mixed,
that may be necessary for the use of said ferry, not exceeding ten acres of land.
Capital stock.
Sec. 4. The capital stock of said company shall be twelve thousand dollars, which shall be divided into shares of fifty dollars each, which shall be taken and
held to be personal property. The capital stock of said corporation may be increased to any amount not exceeding twenty thousand dollars, when a majority
of the stockholders shall deem such increase necessary for the objects herein contemplated.
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Books opened for capital stock.
Sec. 5. The trustees aforesaid shall open books for the subscription of said stock, on the first Monday of May, or as soon thereafter as is convenient, at Savannah, and such other places as they may deem proper, by giving at least twenty days’ public
notice thereof; and like notice shall be given when it is necessary to increase the
capital stock.
Meeting of stockholders.
Election of trustees.
Sec. 6. At the time of subscribing for, two dollars shall be paid on each share subscribed
for; and, as soon as the whole or one hundred shares of the capital stock is subscribed,
the trustees shall close the books, and shall order meetings of the stockholders, to be held at Savannah, by giving ten days’ public notice thereof, for the election of seven trustees of
said corporation. The election shall be conducted by the trustees named in this act, or a majority
of them; and, at said election, the stockholders shall be entitled to one vote for
each share of stock owned; and, at every subsequent election, one vote for such share
owned at least ten days before said election; and the persons having a plurality of
votes shall be declared duly elected trustees. The present trustees shall then deliver
the books and all papers appertaining to the said corporation to the trustees elect.
Quorum.
Officers.
By-laws.
Sec. 7. A majority of the trustees for the time being shall be a quorum for the transaction of business; and, within ten days after the election, they shall
meet and organize by electing one of their number president of the board, and appointing a clerk and treasurer, and such other officers as they may deem expedient;
and require of all, or any one, such bonds as they may deem the safety of the corporation to require; and the trustees shall have power to form by-laws and regulations for the government of the corporation, not inconsistent with the constitution and laws of the United States and of this
State.
Tolls.
Sec. 8. When the said ferry is established, it shall and may be lawful for the said company, their assigns and successors, to demand and receive, from all persons crossing said ferry, for and during the time aforesaid, the following rates of ferriage, viz: For each
loaded wagon, drawn by two horses or oxen, one dollar and fifty cents, and for each
additional animal by which the same is drawn, twenty-five cents; for the same without
a load, one dollar and twenty-five cents, and for each additional animal, twenty-five
cents; for each sulky, gig, or other vehicle, drawn by one horse, and driver, seventy-five
cents; for each coach, barouche, or other pleasure carriage, drawn by two horses,
and the driver, one dollar and fifty cents, and twenty-five cents for each additional
horse; for each man and horse, fifty cents; for each head of neat cattle, twelve and
one-half cents; for each head of sheep, hogs, or goats, six and one-fourth cents;
for each footman, twenty-five cents; and for crossing freight, twelve and one-half
cents for each one hundred pounds weight.
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Sec. 9. The ferry hereby granted shall be in all respects governed by the laws regulating ferries,
toll-bridges, and turnpike roads, except as is herein otherwise provided.
Trustees to open books for stock.
Capital stock.
Sec. 10. And that Harman Hait, Charles M. Franklin, and Henry Hulse, shall be trustees for the subscription of the capital stock of “The Pickatonica Toll-bridge Company,” hereby created, who, or a majority of them, shall open books for subscription at
the house ofAlva Fask, Fask’s ferry, in Winnebago county, on the first Monday in September next, by giving thirty days’ public notice thereof.
The capital stock of said corporation shall be four thousand dollars, with power to increase the same to ten thousand dollars,
when a majority of the stockholders shall deem such increase necessary. The stock
shall be divided into shares of twenty dollars each; and, at the time of subscribing,
one dollar shall be paid in on each share subscribed for; and as soon as the capital
stock is subscribed, or one hundred shares thereof, the trustees shall close the books,
and proceed to organize said company as is provided in this bill for the Mississippi Ferry Company.
Bridge, how constructed.
Annual meeting.
Forfeiture of stock.
Sec. 11. The said bridge shall be so constructed as not to obstruct the free navigation of the said Pickatonica river for rafts, boats, or steamboats; and, when finished, the rates of toll shall be fixed
by the county commissioners’ court of Winnebago county; and each corporation shall, after the first election as herein provided, cause an election to be held annually thereafter for the election of trustees; and
if, at any time, such an election shall not be held on the Monday annually as herein
provided, the corporate powers shall not be forfeited, if the trustees shall cause
such election to be held within sixty days thereafter. The trustees shall have power
to require the payment, from time to time, of such sums on each share as they may
deem necessary; and, in their by-laws, declare what shall constitute a forfeiture of stock for failure to pay the amounts
so required.
Approved, March 2, 1839.
1On February 16, 1839, Germanicus Kent introduced HB 304 in the House of Representatives. On February 25, the House passed the bill. On February 28, the Senate passed the bill. On March 2, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1838. 11th G. A., 1st sess., 418, 458, 513, 567, 581, 596-97; Illinois Senate Journal. 1838. 11th G. A., 1st sess., 418, 461, 488.
Printed Document, 3 page(s), Incorporation Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 234-36, GA Session: 11-1,